Lesser Included Offense

3,833 Florida cases classified under this topic · sorted by citation count

• United States v. Dews
  417 F.2d 753· D.C. Cir.· 1969-06-26 ·cited 4×
  The court held that while both the prosecutor and defense counsel made improper remarks during closing arguments, these remarks did not constitute reversible error or prejudice the defendant.
• French v. United States
  408 F.2d 1027· 5th Cir.· 1969-03-18 ·cited 4×
  A defendant need not be informed of all lesser included offenses or collateral consequences before entering a guilty plea.
• Vaughn Monroe v. State
  218 So. 2d 209· Fla. 2d DCA· 1969-01-15 ·cited 4×
  Vaughn Monroe was convicted by jury of throwing a deadly weapon at an occupied vehicle under Florida law. On appeal, Monroe challenged the admission of prior incident testimony and the trial court's refusal to instruct the jury on assault as a lesser included offense, but the app
• Richardson v. United States
  403 F.2d 574· D.C. Cir.· 1968-06-19 ·cited 4×
  The dissenting judge believes the conviction for robbery should be affirmed, disagreeing with the majority's reversal based on a lack of specific intent.
• Griffin v. State
  202 So. 2d 602· Fla. 1st DCA· 1967-09-26 ·cited 4×
  The trial court erred in refusing to instruct the jury on the lesser included offense of larceny, as mandated by subsequent Supreme Court decisions.
• Miori v. State
  189 So. 2d 208· Fla. 3d DCA· 1966-07-26 ·cited 4×
  Mary Louise Miori appealed her manslaughter conviction, arguing that inflammatory prosecutorial remarks and admission of her confession over objection constituted reversible error. The Florida District Court of Appeal affirmed the conviction, finding the remarks harmless in light
• Trimble v. State
  159 So. 2d 265· Fla. 2d DCA· 1964-01-03 ·cited 4×
  Appellant Trimble appealed the denial of his motion to vacate a 1962 guilty plea conviction for breaking and entering a motor vehicle with intent to commit a felony. The appellate court found the motion to vacate was patently insufficient and quashed the appeal as frivolous.
• Sanders v. State
  70 So. 2d 369· Fla.· 1954-01-08 ·cited 4×
  D.L. Sanders was convicted of manslaughter after a first trial resulted in mistrial on a murder in the first degree charge. The Florida Supreme Court affirmed his conviction and 12-year sentence, rejecting arguments that the evidence permitted only a murder or justifiable homicid
• Yates v. United States
  151 F.2d 580· 9th Cir.· 1945-10-26 ·cited 4×
  The court held that the jury instructions improperly limited the jury's options, preventing them from returning a verdict for a lesser included offense, which constituted clear error.
• Rosborough v. Rossell
  150 F.2d 809· 1st Cir.· 1945-07-26 ·cited 4×
  A court-martial's lack of jurisdiction over the charged offense renders the entire proceeding void, even if the conviction is for a lesser included offense over which jurisdiction might otherwise exist.
• McCall v. State
  113 Fla. 469· Fla.· 1934-01-08 ·cited 4×
  Luke McCall was convicted of manslaughter for fatally shooting and cutting the throat of the deceased. The Florida Supreme Court affirmed the conviction, finding that although trial errors existed in the jury instructions and refusal of special charges, the evidence of guilt was
• Nap Lovett v. State
  95 Fla. 269· Fla.· 1928-02-14 ·cited 4×
  The Florida Supreme Court affirmed a conviction for manslaughter, holding that a jury's verdict of a lesser included offense will not be overturned if the evidence would have supported a conviction for the greater offense, even if the evidence might also suggest no crime was comm
• Hughes v. State
  86 Fla. 202· Fla.· 1923-07-20 ·cited 4×
  This case reviews a conviction for breaking and entering a railroad depot with intent to commit a felony. The court affirmed the conviction, finding that even if the intent to commit grand larceny was not proven, the intent to commit petit larceny was sufficient for the convictio
• Ludowick Warrock v. The State
  9 Fla. 404· Fla.· 1861-01-01 ·cited 4×
  The court reversed a conviction for assault and battery, holding that the indictment charged an offense not recognized by Florida law, and the jury convicted the defendant of a lesser offense not included within the charged offense. This case clarifies that a jury cannot convict
• Barrett v. United States
  U.S.· 2026-01-14 ·cited 3×
• Carey v. Dep't of Corr.
  57 F.4th 985· 11th Cir.· 2023-01-17 ·cited 3×
  Trial counsel did not provide ineffective assistance by requesting jury instructions on lesser included offenses, and the claim of insufficient evidence is procedurally barred.
• Yancey Charles Lightner v. State
  2009 WL 2196051· Fla. 3d DCA· 2020-08-05 ·cited 3×
  The court granted the State's motion to dismiss a pro se habeas corpus petition. The dismissal was based on two grounds: the petitioner was simultaneously represented by counsel in another pending appeal, and the petition's claim of manifest injustice lacked merit.
• Strachan v. State
  279 So. 3d 1231· Fla. 4th DCA· 2019-10-02 ·cited 3×
  The defendant appeals his convictions for aggravated battery, simple battery, and simple battery as a lesser included offense of domestic battery by strangulation, arising from allegations involving his live-in girlfriend. The appellate court reversed based on two fundamental pro
• In re Standard Jury Instructions in Crim. Cases - Report 2018-13
  272 So. 3d 1210· Fla.· 2019-06-06 ·cited 3×
  The Florida Supreme Court reviewed proposed amendments and new standard jury instructions in criminal cases submitted by its Committee. The Court authorized most of the proposed changes, including revisions to instructions on insanity, involuntary intoxication, and entrapment, an
• In re Standard Jury Instructions in Crim. Cases - Report 2018-12
  272 So. 3d 243· Fla.· 2019-05-30 ·cited 3×
  The Florida Supreme Court authorized proposed amendments to standard jury instructions in criminal drug cases, consolidating multiple trafficking instructions into one flexible instruction and revising affirmative defense language regarding knowledge of the illicit nature of cont
• Jovany Luis Ortiz v. State
  264 So. 3d 1032· Fla. 4th DCA· 2019-01-09 ·cited 3×
  Jovany Ortiz appeals his convictions for second-degree murder, attempted manslaughter, and aggravated assault with a firearm, raising seven issues on appeal. The court affirms six issues but reverses Ortiz's sentences, finding that the trial court impermissibly relied on acquitte
• Timothy Bradley, M.D. v. Fort Walton Beach Med. Ctr., Inc.
  260 So. 3d 1178· Fla. 1st DCA· 2018-12-27 ·cited 3×
  A hand and plastic surgeon appealed a trial court's partial grant of summary judgment in a breach of contract case brought by Fort Walton Beach Medical Center for unpaid rent under a lease agreement. The appellant raised six issues on appeal, including challenges to the summary j
• Brown v. State
  263 So. 3d 48· Fla. 4th DCA· 2018-12-12 ·cited 3×
  Wesley Brown, charged as a juvenile with vehicular homicide and other offenses in adult court, appeals his conviction arguing the trial court lacked jurisdiction. Brown had not objected to the direct-file jurisdiction until after two trials and conviction, when he claimed vehicul
• Reidel Eugenio Armas v. State
  250 So. 3d 817· Fla. 5th DCA· 2018-06-29 ·cited 3×
  The Florida District Court of Appeal, Fifth District, held that a defendant's convictions for both possession of cannabis with intent to sell or deliver and manufacturing cannabis do not violate double jeopardy principles, even when arising from the same criminal transaction and
• Palmer v. State
  254 So. 3d 426· Fla. 4th DCA· 2018-06-13 ·cited 3×
  Grand theft auto is a lesser included offense of carjacking, and convicting a defendant of both offenses arising from a single criminal act violates double jeopardy protections. The conviction for grand theft auto must be vacated, and the case remanded for resentencing on the car
• Kenson Louima v. State
  247 So. 3d 564· Fla. 4th DCA· 2018-06-06 ·cited 3×
  Appellant Kenson Louima appeals the summary denial of his motion for post-conviction relief based on ineffective assistance of counsel. He claims his trial attorney misinformed him that the only lesser included offense of carjacking was grand theft (carrying a 5-year sentence), w
• Brown v. State
  243 So. 3d 1037· Fla. 1st DCA· 2018-04-17 ·cited 3×
  The trial court properly denied the defendant's motion for judgment of acquittal because eyewitness testimony from three witnesses that they saw the defendant holding and firing a gun, combined with evidence of her throwing a brick through the trailer window and her actions and s
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2017-06.
  236 So. 3d 282· Fla.· 2018-02-08 ·cited 3×
  The Florida Supreme Court approved proposed amendments to standard jury instructions in criminal cases affecting homicide and attempted homicide charges. The amendments, derived from two prior Court decisions, add instructions on justifiable and excusable homicide to murder and a
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2017-05.
  236 So. 3d 244· Fla.· 2018-02-08 ·cited 3×
  The Florida Supreme Court authorized amended standard jury instructions in criminal cases relating to leaving the scene of a crash and fleeing to elude law enforcement. The Court adopted the Committee's proposals with modifications, including removal of the phrase "or accident" f
• Barnes v. State
  218 So. 3d 500· Fla. 5th DCA· 2017-05-12 ·cited 3×
  Richard Barnes was convicted of first-degree murder after a jury trial, but on appeal, the court found insufficient evidence of premeditation. The court reversed the conviction based on ineffective assistance of counsel for failing to challenge premeditation evidence, and remande
• Ibes Gomez v. State
  220 So. 3d 495· Fla. 3d DCA· 2017-05-10 ·cited 3×
  Ibes Gomez appealed his convictions in five cases, arguing that certain dual convictions violated double jeopardy protections. The court found that convictions for both grand theft and organized fraud in two cases violated double jeopardy, vacated the grand theft convictions in t
• Clark v. State
  207 So. 3d 1019· Fla. 4th DCA· 2017-01-04 ·cited 3×
  Wesley Clark was convicted of attempted second-degree murder after driving away from a traffic stop with a deputy partially inside his vehicle, dragging the officer. The Fourth District Court of Appeal reversed, holding that the State failed to prove the required element of ill w
• L.A.H. v. State
  197 So. 3d 1265· Fla. 2d DCA· 2016-08-17 ·cited 3×
  The court held that the State failed to prove the essential element of intent for burglary of a conveyance, as fingerprints alone do not establish stealthy entry or intent at the time of entry.
• Davis v. State
  197 So. 3d 615· Fla. 5th DCA· 2016-07-15 ·cited 3×
  Florida appellate court granted habeas corpus petition where juries convicted defendant of robbery with a firearm but made special findings he did not possess a firearm, creating an inconsistent verdict that constituted manifest injustice.
• Mays v. State
  198 So. 3d 35· Fla. 2d DCA· 2015-08-21 ·cited 3×
  Gary Mays was convicted of first-degree felony witness tampering and two third-degree felony counts of being a principal to perjury based on a single incident involving the same witness. The Florida Second District Court of Appeal reversed the witness tampering conviction, holdin
• Smith v. State
  154 So. 3d 523· Fla. 1st DCA· 2015-01-20 ·cited 3×
  Michael Smith was convicted of armed burglary with assault, attempted armed robbery, and aggravated assault arising from a trailer break-in. The appellate court reversed his aggravated assault convictions on double jeopardy grounds because those offenses were subsumed within the
• State v. Platt
  154 So. 3d 1200· Fla. 2d DCA· 2015-01-14 ·cited 3×
  A conviction for possession of burglary tools can stand even if the defendant is acquitted of burglary, provided there is a conviction for trespass.
• Molina v. State
  150 So. 3d 1280· Fla. 3d DCA· 2014-11-26 ·cited 3×
  Felix Molina sought habeas corpus relief based on ineffective assistance of appellate counsel for failing to raise an erroneous jury instruction on manslaughter by act that mirrored the defect identified in State v. Montgomery. The court granted the petition, finding both that th
• State v. Khalid Muhammad
  148 So. 3d 159· Fla. 1st DCA· 2014-10-13 ·cited 3×
  The State appealed a trial court's order dismissing sexual battery charges following a hung jury, where the defendant was convicted of the lesser included offense of lewd or lascivious battery. The court reversed, holding that a hung jury does not terminate jeopardy and that retr
• Woodbury v. State
  110 So. 3d 17· Fla. 2d DCA· 2013-02-22 ·cited 3×
  The circuit court retains subject matter jurisdiction over a lesser-included misdemeanor DUI charge even after dismissing a felony DUI charge based on invalid prior convictions. The speedy trial period for consolidated felony and misdemeanor charges is governed by the felony time
• Cosme v. State
  89 So. 3d 1096· Fla. 4th DCA· 2012-06-13 ·cited 3×
  Raul Cosme appeals his convictions for attempted second-degree murder and shooting into an occupied vehicle. The Fourth District Court of Appeal affirmed the convictions and the admission of gang affiliation evidence, but reversed the sentences for the attempted murder counts bec
• In re Standard Jury Instructions IN Crim. Cases-Report 2011-02
  75 So. 3d 207· Fla.· 2011-10-13 ·cited 3×
  The Court authorized for publication and use an amended criminal jury instruction 16.3, Child Abuse, incorporating specific statutory definitions and clarifying the burden of persuasion for an affirmative defense.
• Wess v. State
  67 So. 3d 1133· Fla. 1st DCA· 2011-07-28 ·cited 3×
  Appellant was convicted of robbery by sudden snatching after taking a victim's purse that was sitting on a bench next to her. The court reversed, holding that robbery by sudden snatching requires property to be taken from the victim's actual person, not merely from proximity or c
• K.N. v. State
  61 So. 3d 1258· Fla. 3d DCA· 2011-05-25 ·cited 3×
  K.N., a juvenile, appealed a restitution order entered after pleading no contest to misdemeanor trespass. The court reversed the portion of restitution requiring payment for stolen jewelry and cash because the State failed to prove sufficient causal connection between the trespas
• Ewing v. State
  56 So. 3d 67· Fla. 2d DCA· 2011-02-25 ·cited 3×
  Bobby Lee Ewing appeals his convictions for drug offenses, challenging the trial court's failure to instruct the jury on simple possession of methamphetamine as a lesser-included offense of possession with intent to sell. The court affirms most convictions but reverses the posses
• State v. Devonta Merriex
  42 So. 3d 934· Fla. 2d DCA· 2010-08-27 ·cited 3×
  The State appealed the dismissal of a vehicular homicide charge against Devonta Merriex, who had already been convicted of third-degree felony murder for the same death. The court affirmed the dismissal, holding that Florida's "one death/one conviction rule" bars multiple homicid
• Aldacosta v. State
  41 So. 3d 1096· Fla. 2d DCA· 2010-08-18 ·cited 3×
  Steven Aldacosta appeals his conviction for felony battery, challenging whether a prior conviction for lewd or lascivious battery qualifies as a predicate offense under Florida's felony battery statute. The court held that lewd or lascivious battery is not among the statutorily e
• Huran Brown v. State
  36 So. 3d 826· Fla. 5th DCA· 2010-05-28 ·cited 3×
  Huran Brown was convicted of resisting an officer with and without violence after refusing police commands during a trespass investigation at an apartment complex. The Fifth District Court of Appeal affirmed the denial of a jury instruction on the right to resist unlawful arrest
• Pittman v. State
  22 So. 3d 859· Fla. 3d DCA· 2009-12-09 ·cited 3×
  James Pittman was convicted of lewd or lascivious battery as a lesser included offense to the charged crime of sexual battery, but the information filed against him did not allege the specific age range required for the lesser offense. The court reversed his conviction, holding t
• Pitts v. State
  989 So. 2d 27· Fla. 2d DCA· 2008-06-20 ·cited 3×
  Robert Eugene Pitts was convicted of burglary of a conveyance with assault or battery, a first-degree felony punishable by life imprisonment, based on reaching into an open truck door and grabbing the driver's shirt. The Florida District Court of Appeal reversed and remanded for